Terms of Service

TRD Digital Marketing – Marketing Services – Terms of Service

Effective Date: January 3rd, 2023

The Marketing Services Agreement (“Agreement”) along with any additional documents attached, sales agreements, or other documentation and/or information included with the Agreement, sets forth the terms and conditions under which TRD Digital Marketing will provide the Marketing Services selected by the Client (“you” or “Client”).

This Agreement is incorporated by reference into and made a part of any sales agreement and/or order form and related information (as defined below), provided to client by TRD Digital Marketing, authorized by you, and submitted to TRD Digital Marketing. This Agreement governs the relationship between you (client) and TRD Digital Marketing. This Agreement also applies to any Digital Marketing Services you may obtain from TRD Digital Marketing without a sales agreement and/or order form, such as product trials at no cost, deluxe product(s), purchased products, or other short term promotion offers.

If you are accepting this Agreement as the employer or a third party on behalf of the employer, you represent and warrant that (i) you have full legal authority to execute your employer or such legal entity to this agreement, (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the Client, to be bound by this Agreement.


The Agreement sets forth which Digital Marketing Services are being purchased by you (client), the costs associated for such Digital Marketing Services, the term of the marketing campaign or engagement and other pertinent details. The Digital Marketing Services include, but are not limited to, the following listed products below:

  • Search Engine Optimization (SEO)
  • E-Commerce & Google Managed Shopping Cart
  • Reputation Management & Business Branding
  • Social Media Posting/Marketing
  • Content Marketing
  • Online Business Directory Listings Management
  • Pay Per Click Management (PPC)
  • Blog Writing/Management
  • Website Hosting, Development, Management, Updates & Marketing



A. Identification of Fees:

You (client) agree to pay the amounts set forth in the Executed Payment Authorization Agreement and in accordance with the Payment Terms herein (“Executed Payment Authorization Agreement Amount”). Executed Payment Authorization Agreement amounts are generally divided into service fees and setup fees. TRD Digital Marketing reserves the right to change any of the sales agreement amount(s) at any time, provided that such changes will not take effect until a new Sales Agreement has been fully executed and delivered to TRD Digital Marketing by you (client). If TRD Digital Marketing offers any special trial promotions for any of their digital marketing products that provide you with “free” marketing periods or other incentives in connection with purchasing Digital Marketing Services (the “free marketing periods”), and you cancel one or more of the Digital Marketing Services prior to completion of the sales agreement term(s), then in addition to any other cancellation penalties you may be subject to, you will be required to repay to Hurricane Digital Marketing the full amount of the free marketing period.

B. General:

Once an Agreement has been accepted by TRD Digital Marketing, the Client’s credit card will be charged or bank account shall be ACH debited, in accordance with to the sales agreement amount/terms. All payments are due in U.S. dollars.

C. Timing of Payment:

Fees, as identified on the Sales Agreement, are due on a recurring monthly basis commencing on the Effective Date of the Sales Agreeemnt Term, unless stated otherwise. TRD Digital Marketing shall have the right to charge the Client Card/Account in accordance with this Agreement. TRD Digital Marketing may notify the Client via the email address provided on the Agreement of any issues regarding payment processing. You understand and acknowledge that if at the time of processing the Payment, TRD Digital Marketing is unable to secure payment via Client’s elected payment method, the Marketing Services and/or your account may be suspended or terminated if timely payment is not rectified and received thereafter.


A. Term:

The Term for the Marketing Services being provided shall commence upon TRD Digital Marketing acceptance of an Executed Sales Agreement on the date of its execution and upon receipt of the initial payment (the “Date of Sales Agreement”) and shall continue for the term set forth therein and in accordance with the terms of this Sales Agreement (the “Initial Term”). Following the Initial Term detailed in the sales agreement, any continuing Marketing Services delivered to Client, on a month-to-month basis in accordance with the terms and conditions set forth in this Sales Agreement, unless otherwise agreed to by the Parties.

B. Cancellation:

You may cancel any Marketing Service at any time and for any reason by providing a 30-day notice in writing as detailed on the Executed Sales Agreement. To cancel your sales agreement, you must request a cancellation via email, at jtrice@trddigital.com.

C. Termination for Cause:

TRD Digital Marketing may terminate this Agreement with 30 days’ prior written notice (the “Notice Period”) if the Client is in material breach of its sales agreements terms and obligations hereunder and such breach has not been cured at the conclusion of the Notice Period.

D. Suspending Marketing Service:

  1. TRD Digital Marketing may suspend the Marketing Services at any time for operational reasons (if required by extreme situations, including without limitation, significant security breach, malware, other viruses, or other inappropiate, unlawful, or fraudulent use).

E. No Refunds:

The client understands and agree that you will not be entitled to any refunds for any reason whatsoever at any time for any of amounts already paid and/or collected by/to TRD Digital Marketing under this Sales Agreement, and any such amounts will be deemed earned by TRD Digital Marketing for Marketing Services.

F. Effect of Termination; Survival:

You understand and acknowledge that due to the nature of the Internet, certain information regarding the client’s company that was posted on the Internet as part of the Digital Marketing Services may continue to be available on the Internet following the termination of the client’s Digital Marketing Services and/or the Sales Agreement. All provisions of the Sales Agreement that by their sense or nature should survive termination of the Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall survive. Without limiting the generality of the foregoing, in the event of any termination, you shall remain liable for any amounts due to TRD Digital Marketing as of the effective date of sales agreement termination.



The client shall, always, post a privacy policy on there website (client “Existing Website”) and comply with such privacy policy guidelines. The privacy policy must comply with all applicable laws. You shall ensure that your privacy policy does not contain provisions that are inconsistent with the nature of the services being provided by TRD Digital Marketing. You understand and acknowledge that your failure to maintain a privacy policy on your website that complies with the foregoing requirements may (a) result in your Marketing Services being suspended or terminated, and (b) expose you and TRD Digital Marketing to liability which you shall fully indemnify.



A. License to TRD Digital Marketing:

You hereby authorize TRD Digital Marketing and its agents, publishers, sub-contractors or employees, a non-exclusive, royalty-free, worldwide license to use, modify, copy (as permitted in this Sales Agreement or otherwise by Client), publicly perform, display, and transmit during the term of this Sales Agreement (i) any content, pictures, logos(of any type), trademarks, service marks, promotional materials, product or service information, comments, reviews, audio and video’s and other information (“Client Content”) you provide in connection with any Marketing Service and (ii) the Existing WebSite, to the extent necessary for Hurricane Digital Marketing to perform the Marketing Services. Notwithstanding anything contrary herein, title and ownership of all intellectual property rights of all Client Content shall remain with you or your third-party licensors.

B. TRD Digital Marketing Services:

If you request that TRD Digital Marketing provide any creative or graphic services, the client will remain fully responsible for any content you provide to TRD Digital Marketing. With respect to any content created by TRD Digital Marketing, as between you and TRD Digital Marketing, TRD Digital Marketing shall retain ownership of the design elements of such content, excluding any of your trade names, trademarks, service marks or logos or other proprietary elements that may be included within such content, but that predate the creation of the content.


The client represents and warrants that you have and shall have all necessary rights and authority to enter and maintain the relationship with TRD Digital Marketing under this Sales Agreement. The client represents, warrants and covenant that your Existing Website, any content linked to the Existing Website and any content or materials that you provide to TRD Digital Marketing, do not and will not during the term of this Sales Agreement: (a) infringe on any third party’s copyright, patent, trademark, trade secret, moral right or other proprietary rights or right of publicity or privacy; (b) violate any law, statute, ordinance or regulation, including, without limitation, laws and regulations governing export control, false or misleading advertising or unfair competition; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You further represent, warrant and covenant that the product or service that is being (or will be) promoted on the Existing Website through any Marketing Service is (i) lawful and (ii) not the subject of any ongoing investigation by any local, state or federal regulatory or quasi-regulatory authorities.


A. TRD Digital Marketing:

Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify trddigital.com (TRD Digital Marketing) and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse trddigital.com (TRD Digital Marketing) and its affiliates for all legal expenses, including reasonable attorneys’ fees, incurred by trddigital.com (TRD Digital Marketing) and its affiliates in connection with any such Losses.

B. Client:

TRD Digital Marketing will indemnify, defend, and hold the client harmless from and against any loss, damage, cost, liability or expense (including reasonable legal fees) arising out of any claim that any TRD Digital Marketing technology used in connection with its provision of the Marketing Services infringes the copyright, patent, trade secret or other proprietary rights of any third party, provided that written notice is given to TRD Digital Marketing promptly of such claims and that you provide such assistances as may be reasonably required in the defense of such matters.


If you are purchasing Marketing Services on behalf of another company, you represent and warrant that this have been authorized by such company to act as its agent in all respects relating to the Agreement, including, without limitation, the making of any elections or giving of any consents. Without limiting the generality of the foregoing, you agree that such company has been made aware of, and agrees to be bound by, the Agreement. Each you and the company, shall be jointly and severally liable for fulfillment of obligations under this Agreement, including all payment obligations. Any additional fees, paid to TRD Digital Marketing or the agent, shall be addressed in a separate written agency agreement.


A. As to your company. Except as may be required by applicable law, you shall not disclose the contents of the Agreement to any third party (other than its employees and representatives who are made aware of and agree to this restriction) without TRD Digital Marketing prior written consent. Notwithstanding anything contrary herein, no party may issue a press release concerning the existence or terms of the Agreement without the prior written consent of the other party. In addition, except as may be required by applicable law, you may not disclose any Confidential Information regarding TRD Digital Marketing. “Confidential Information” means and includes all data and information, whether verbal or written, disclosed by TRD Digital Marketing, and relating to business plans, strategies, financial matters, research and development, technology, marketing, trade secrets, website design information, inventions, trade secrets, client, Client, vendor, manufacturer, distributor lists, prices and pricing policies, research and development materials, prototypes, marketing plans and strategies, Internet strategies and any other information that should reasonably be recognized as confidential information. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret to be designated Confidential Information. Confidential Information will not include information that you can establish is in or enters the public domain without breach of these confidentiality obligations. You acknowledge that the Confidential Information is proprietary to TRD Digital Marketing, has been developed and obtained through great efforts by TRD Digital Marketing and that TRD Digital Marketing regards all its Confidential Information as trade secrets.

B. As to TRD Digital Marketing. TRD Digital Marketing may not share or disclose to any party, without your express consent, any information, including but not limited to marketing strategy employed within your organization, company policies in use, costs for any media purchases, geographic considerations as to your marketing plan, or any other sensitive information which is exchanged during or after the course of your engagement with TRD Digital Marketing.



TRD Digital Marketing provides all marketing services performed hereunder on an “as is” and “as available” basis, without any warranty of any kind and without any guarantee of continuous or uninterrupted availability. If the marketing services are interrupted or delayed, TRD Digital Marketing sole obligation will be to restore such services as soon as practicable. To the maximum extent permitted by applicable law, TRD Digital Marketing disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. TRD Digital Marketing will have no liability for any: (i) errors, mistakes, or inaccuracies of content or information; (ii) claims relating to infringement of any third party’s intellectual property (other than by the platform) or defamation; (iii) personal injury or property damage resulting from your access to or use of any of the marketing services; (iv) unauthorized access to or use of TRD Digital Marketing servers or of any personal or financial information; (v) interruption of transmission to or from the marketing services; (vi) bugs, viruses, trojan horses, or the like which may be transmitted on or through the marketing services by any third party; (vii) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on through the marketing services; or (viii) matters beyond TRD Digital Marketing reasonable control. TRD Digital Marketing does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on or through the offerings or any linked website. No advice or information, whether oral or written, obtained by you from TRD Digital Marketing or through the marketing services will create any warranty. TRD Digital Marketing makes no guarantees with respect to the performance of any marketing service or any product or service.


A. Liability:

You expressly understand and agree that TRD Digital Marketing will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damage (including, without limitation, for breach of contract or warranty, negligence or strict liability), or for interrupted communications, loss of use, lost business, lost data or lost profits (even if such party was advised of the possibility of any of the foregoing) (collectively, “damages”), arising out of or in connection with this agreement or the marketing services. These limitations shall apply to the fullest extent permitted by law, even if TRD Digital Marketing had been advised of the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

B. Release:

In the event that the client has a dispute with third party or any other person related to, arising from, or in any way connected with use of or access to the products and services, you release TRD Digital Marketing from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.

C. Abuse:

The foregoing exclusion of liability will not apply to (i) either party’s indemnification obligations, including any amounts payable in connection there- with; (ii) to your confidentiality obligations; and/or (iii) either party’s willful misconduct.

D. Damages Limitations:

To the maximum extent permitted by applicable law, under no circumstances shall TRD Digital Marketing cumulative, aggregate liability to you or any third party exceed the amounts received by TRD Digital Marketing from you during the 12-month period immediately prior to the incident giving rise to such liability. In lieu of refund, TRD Digital Marketing shall be allowed, in its sole discretion, to provide the client a “rectify” marketing services, provided a such “rectifiable” marketing services are provided within a reasonable period of time after the liability has accrued.

E. Locality:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to the client. To the extent TRD Digital Marketing may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TRD Digital Marketing liability will be the minimum permitted under such law.

F. Acknowledgement:

Each party acknowledges that the other party has entered into the executed sales agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.



A. Governing Law:

Any claim relating to TRD Digital Marketing Terms Of Services shall be governed by the laws of the State of Florida (Broward County) without regard to its conflict of law provisions.

B. Entire Agreement:

These terms and Agreement set forth the entire agreement of the parties and supersedes all prior oral or written agreements or understandings between the parties as to the subject matter hereof. It may be changed only by a writing signed by both parties. With respect to changes to Agreement then in effect, such writing may include email, provided that such changes are limited to a change in the term of the Agreement or the amounts being paid under the Agreement.

C. Notices:

Any written notices to TRD Digital Marketing required under the Agreement shall be provided by registered mail with proof of delivery to TRD Digital Marketing directed to their headquarter offices address (as shown on https://trddigital.com) Attn: Jim Trice and by email to jtrice@trddigital.com. Notices shall be deemed delivered 72 hours after posted in the mail. Any written notices to the client shall be sent to the email provided on the Agreement.

D. Severability:

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to remain in full force without being impaired or invalidated in any way.

E. Assignment:

The client may not assign this Agreement without the prior written consent of TRD Digital Marketing. TRD Digital Marketing may assign this Agreement by providing written notice to you. The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors, and joint administrators and permitted assigns.

F. Third-Party Services:

Some of the Marketing Services may incorporate third-party products and services and TRD Digital Marketing may incorporate such services and or products without your consent, provided that such incorporation is deemed imperative to TRD Digital Marketing performance to you under the referenced Agreement.

G. Liability Defined:

TRD Digital Marketing shall have no financial obligation to you under these terms nor under your Agreement beyond the total sum paid by you for said services.




All web design packages include minor web page update to standard and e-commerce web pages over a 30-day period from the date the web site was launched online. This free 30-day update includes updating and/or correcting links and/or making minor text changes to a sentence or paragraph ONLY. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or Clients agent other than TRD Digital Marketing attempts to update the Client’s web pages or web site on their own, outside of TRD Digital Marketing, time to repair any and all damage to web pages will be assessed at the Standard Hourly Rate or at Web Site Management and Maintenance Hourly Rate, and is not included as part of any web site design packages.

Additional changes requested by Client that is outside the scope of project will be billed at the minimum hourly rate of $75.00 per hour in compliance with Web Site Management and Maintenance Program hourly rate. These rates shall also govern additional work authorized beyond the maximum rate specified above for such services which may include but not limited to general and advanced Internet orientation education, marketing consultation, web page design, audio/video/graphic editing, modifying product pages and databases in an online store, artwork, photos, custom graphics services, and helping Client(s) learn how to use their computer and/or web site related online tools. Custom PHP, ASP, XML, JavaScript and CGI programming or any use of existing or non-existing computer programming languages or coding may incur additional cost and are NOT INCLUDED in ANY of the web design packages.


The Client understands that web hosting account creation and services require the details be written on this agreement for such service whether said service is acquired through TRD Digital Marketing web hosting services or with a reputable web hosting service provider. If the Client agrees to select TRD Digital Marketing web hosting services or any outside web hosting provider, client has agreed to provide and allow TRD Digital Marketing full access to the website and cgi-bin directory of said web hosting account via File Transfer Protocol (FTP) software program and/or via telnet whenever necessary without any delay or interference from third parties. The Client further understands that if a web hosting service outside of TRD Digital Marketing is necessary, and the outside web hosting standards and services do not work, providing a substitute web hosting solution to Client whether it is provided by an outside web hosting service provider or by TRD Digital Marketing web hosting, may incur additional charges.

By signing this Agreement, the Client acknowledges that upon release of the web hosting FTP Information, the Client is solely responsible for control of their website. If you would like to request TRD Digital Marketing to perform work on your website once control has been relinquished by TRD Digital Marketing, the Client agrees to inform us that the website has been changed by Client or its agent on a regular or as-needed basis, so TRD Digital Marketing can update its local copies of web pages and files prior to conducting any changes to web pages. If for any reason there is any miscommunication, Client agrees to pay all fees or charges to TRD Digital Marketing to restore the affected web page content to its original form. Client is to be aware that once TRD Digital Marketing has made the requested website update, the Client should download all web site files from the server to their local computer for their use and reference as well as a subsequent back-up copy.

Note: If client defaults on monthly hosting fee 2 months consecutively, the website will be taken down live from the internet until outstanding hosting balance is paid and current. Furthermore, client is eligible to request a full copy of their website backup, transfer website hosting provider and domain transfer at any time by paying TRD Digital Marketing a “one time” $250.00 hosting transfer fee for the work and process. For the client to be approved and receive a full backup copy of their website, hosting transfer and domain transfer, the client must have fulfilled the full agreement website and marketing terms on their agreement as specified.

Additionally, if at any moment during the term of this agreement the client marketing payment is not fulfilled on the due date, the marketing will be paused until the marketing “recurring” payment is fulfilled as per the agreement.


Assignment of Project. TRD Digital Marketing reserves the right to assign employees, staff, subcontractors, and/or third-party vendors to this project to insure on-time completion.


The Client represents to TRD Digital Marketing and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TRD Digital Marketing for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend TRD Digital Marketing and its, owners, employees, directors, subcontractors, affiliates or associates from any claim or suit arising from the use of such elements furnished by the Client.


Copyright to the finished assembled web pages produced and designed by TRD Digital Marketing, until fully paid, is owned by TRD Digital Marketing. Upon receipt of final payment of this contract, the Client is then assigned full exclusivity and ownership for the use of the finished website. Rights to photos, graphics, source code, workup files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners which includes but not limited to third party vendors or companies i.e. Microsoft, GoDaddy, Linux, iStock Photo, Cart manager or I-Payment, just to name a few. WebsiteCenter.com and its subcontractors, vendors, affiliates, or agents retain the right to display Client graphics and other design elements of the finished web site for inclusion on its portfolio as examples of work.


Trddigital.com (TRD Digital Marketing) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

Please contact us with any questions regarding the trddigital.com (TRD Digital Marketing) terms of service by email at info@trddigital.com



Due to the unique features and deliverables of some products, additional terms are set forth as outlined below.

Google Ads, Facebook Ads, Google Calls Advisor, Local Service Ads, and All Other Paid Search Products: Unless otherwise noted, the Client is responsible for all third-party advertising charges, including, but not limited to ad budget charges from: Google, Facebook, Bing, etc. Should the Client attempt to dispute any of these charges through their bank or fail to provide TRD Digital Marketing with payment for the advertising budget as agreed, the Client hereby agrees to indemnify TRD Digital Marketing from all liability associated with any collection effort, business page suspension, or restricted advertising account access. The Client agrees that any past due or outstanding balance associated with such advertising budget is due by them, and only them, to the third-party advertising platform.